O papel dos Tribunais de Contas para a efetivação da Política Nacional de Resíduos Sólidos no âmbito da Amazônia Legal

Abstract

Even though it is in force for more than two decades, the Law n. 12.305/2010, which institutes the National Solid Waste Policy, still has low effectiveness, aggravated in the region of Legal Amazon, holder of the highest rate of urbanization and of the lowest indexes of sanitation in the country. With the general aim of proposing means for the external control, done by the Courts of Auditors, to help in the mitigation of the waste crisis inherent to the Anthropocene in the Legal Amazon Region, this work analyses the role of the Legal Amazon Courts of Auditor to contribute with a higher effectiveness of the National Solid Waste Policy in this especial region, especially in the Anthropocene, using bibliographic and documental research to answer it. The specific aims established were: the analysis of the Anthropocene crisis and its impacts in the Legal Amazon; the study of the model of the current society, hyper consumerism, its implications in the waste crisis and the attributions of the State towards it; and the exam of the performance of these Courts of Auditors and their contribution to the feasibility of such an essential public policy in the Legal Amazon. As results, it was pointed as necessary the construction of a Democratic, Social and Ecological Rule of Law, based in the ecological dimension of the human dignity and in the notion of ecological existential minimum, grounds for demanding that the State go beyond the mere prohibition of mismanagement and comply with the duty of good management, susceptible to control by the Courts of Auditor. Under these premises, examples of the actions of the nine Courts of Auditor in the Legal Amazon were analyzed, suggesting the performance of operational audits, the offering of internal and external training and the strengthening of the principle of transparency and social control as means of contributing to the implementation of the National Solid Waste Policy in this. In this sense, it was concluded that these Courts have the constitutional power-duty to oversee the acts of solid waste management, and should exercise this role, preferentially, in a prior, pedagogical, transparent and partnered way with social control.